Turkey asks Interpol to issue an international wanted notice for Netanyahu

Turkey has moved from political accusations to an attempt to activate international criminal prosecution mechanisms against Israeli Prime Minister Benjamin Netanyahu. On 21 August, Turkish Justice Minister Akın Gürlek said that Ankara had initiated a procedure to appeal to Interpol with a request to issue a Red Notice for Netanyahu and former Israeli security official Afek Moskovich. The request is based on a criminal case being heard by Istanbul’s 11th High Criminal Court against 35 Israeli citizens, whom the Turkish side accuses of involvement in the interception of the humanitarian Global Sumud Flotilla, which was heading to Gaza. According to the Turkish investigation, the incident took place in international waters and involved the detention of activists; the charges include — genocide, crimes against humanity, torture, unlawful deprivation of liberty, causing bodily harm, damage to property and the seizure of vehicles. The Turkish court issued arrest warrants for Netanyahu and Moskovich on 14 July, after which the country’s Justice Ministry instructed the Interior Ministry to launch the procedure for appealing to Interpol, and the documents were also forwarded to Turkey’s Foreign Ministry.

At the same time, it is important to distinguish between three different legal mechanisms. Turkey already has its own national arrest warrant for Netanyahu, but in order to potentially detain him outside Turkey, Ankara is attempting to use Interpol’s international police system. If the organisation considers the request to comply with its rules, a Red Notice may be published. Interpol explicitly stresses that such a notice is not an international arrest warrant: it informs law enforcement authorities in different countries that a person is wanted by a state and asks them to establish the person’s whereabouts and, if necessary, temporarily detain them pending a decision on extradition. The final decision on detention is made by the state in whose territory the wanted person is located, in accordance with its own legislation.

The most complicated issue will be whether the request complies with the organisation’s own rules. Interpol’s Constitution prohibits the organisation from taking part in activities of a political, military, religious or racial character. When considering such requests, it assesses whether the case is predominantly of an ordinary criminal nature or whether its political component outweighs the criminal one. At the same time, Interpol separately states that serious international crimes — including genocide and crimes against humanity — are among the categories in which the organisation may cooperate with national authorities and international institutions. Therefore, the mere existence of a political conflict between Turkey and Israel does not automatically mean that the request will be accepted or rejected: the decisive factor will be whether the specific case meets the established criteria.

The political context is nevertheless extremely important. Ankara’s decision came amid a sharp deterioration in relations between Turkey and Israel, including a new escalation of the confrontation over Gaza and Syria. Israel rejected Turkey’s actions and criticised President Recep Tayyip Erdoğan, while Ankara said it intended to pursue accountability for Israeli leaders through international legal means. Reuters notes that the dispute over Netanyahu is taking place at the same time as growing disagreements between the two countries over Syria, where the interests of Turkey and Israel are increasingly coming into conflict.

Thus, Ankara’s current move is primarily of legal and political significance. Even if the Red Notice is approved, this would not mean Netanyahu would automatically be arrested during his next international visit. However, the notice could substantially increase the legal risks for the Israeli prime minister in countries whose national legislation allows detention on the basis of such a request. At the same time, Turkey is demonstrating that it intends to shift its conflict with Israel from the sphere of diplomatic statements into the realm of national criminal proceedings and international police cooperation.